extraordinary great He only hath the patronage of all Bishopricks none can be chosen but by his Conge d'Esâ—ire whom he hath first nominated none can be consecrated Bishop or take possession of the Revenues of the Bishoprick without the King 's special Writ or Assent He is Guardian or Nursing Father of the Church which our Kings of England did so reckon amongst their principal Cares as in the Three and twentieth year of King Edward the First it was alledged in a pleading and allowed The King hath power to call a National or Provincial Synod and with the advice and consent thereof to make Canons Orders Ordinances and Consâ—itutions to introduce into the Church what Ceremonies he shall think sit to reâ—orm and correct all Heresies Schisms and pâ—nish Contempts c The King hath power not only to unite consolidate separate inlarge or contract the limits of any old Bishoprick or other Ecclesiastical Benefice But also by his Letters Patents may erect new Bishopricks as Henry the Eighth did Six at one time and the late King Charles the Martyr intended to do at St. Albans for the Honour of the first Martyr of England and for the contracting the too large extent of the Bishoprick of Lincoln In the 28. of Eliz. when the House of Commons would have passed Bills touching Bishops granting Faculties conferring Holy Orders Ecclesiastical Censures the Oath Ex Officio Non-Residency c. The Queen being much incensed forbade them to meddle in any Ecclesiastical Affairs for that it belonged to her prerogative His Majesty hath also power of Coynage of Money of pardoning all Criminals of dispensing with all Statutes made by him or his Predecessors which are Malum prohibitum and not Malum in se. The diversity between these terms is set down in the Statute made Term. Mich. Anno 11 H. 7. 11. Thus where the Statute doth prohibit a man to coyn Money if he do he shall be hanged this is Malum prohibitum for before the said Statute it was lawful but not after and for this Evil the King may dispense But Malum in se neither the King nor any other can dispense with As if the King would give leave to rob on the High-ways c. this is void yet after the Fact done the King may pardon it So it is in Ecclesiastical Laws for conformity to the Liturgy c. which are Malum prohibitum and the King may by his Prerogative Royal as well dispense with all those penal Statutes as with Merchants to transport Silver Wooll and other prohibited Commodities by Act of Parliament The King cannot devest himself or his Successors of any part of his Royal Power Prerogative and Authority inherent and annext to the Crown nor bar his Heir of the Succession no not by Act of Parliament for such an Act is void by Law These Prerogatives do of right belong to the Crown of England which I have collected out of the most Authentick Modern Authors And to compleat this Chapter I shall proceed to his Superiority and Precedency The King of England acknowledgeth no Superior but God alone not the Emperor Omnem potestatem Rex Angliae in Regno suo quam Imperator vendicat in Imperio yet he giveth Precedency to the Emperor Eo quod antiquitate Imperium omnia regna superare creditur Touching our King's Supremacy before any other these Reasons are offered First Lucius King of this Land was the first Christian King in the World as also Constantine our Country-man the first Emperor that publickly planted Christianity Secondly The King of England is anoynted as no other King is but France Sicily and Ierusalem Thirdly He is crowned which honour the Kings of Spain Portugal Navarr and divers other Princes have not The honour of Precedency amongst Christian Kings is often disputed by their Ambassadors and Commissioners representative at General Councils Diets publick Treaties and other Honourable Assemblies at Coronations Congratulations in Foreign Countries c. which by the best Information I can get is thus stated As to England next to the Imperial Ministers the French take place as being the largest Realm in Christendom and most Noble since Charles le mayne their King obtained the Imperial Diadem the second place in the Western Empire was undisputably the right of our English Kings so enjoyed for hundreds of years 'till Spain grown rich and proud by the addition of the Indies claimed the priority yet could not gain it till their Charles the Fifth was Elected Emperor but after his Resignation the Controversie renewed upon the Treaty of Peace between Queen Elizabeth and Philip the Third King of Spain at â—oloign in France Anno 1600. Our Ambassadors were Sir Henry Nevil Iohn Harbert and Thomas Edmonds Esquires and for Spain Balthazer de Coniga Ferdinando Carillo Io. Ricardett and Lewis Varreyken The English challenged precedency as due to them before the Emperor Charles his time as doth appear by Volatteram in the time of our Henry the Seventh when the like difference being in question 't was joyntly referred to the Pope who adjudged to England the most Honourable place But the Spaniards refusing to stand to that old Award or to admit of an equality the Treaty of Peace broke up neither hath any certain Resolution been hitherto taken in the matter as ever I heard of OF THE PRINCE CHAP. III. THE King 's Eldest Son and Heir apparent from the Day of his Birth is entituled Prince of the Latin word quasi Principalis post Regem The first that we read of in England was Edward eldest Son to King Henry the Third since which time the eldest Son of the King hath been by Patent and other Ceremonies created Prince of Wales and Earl of Chester and Flint By Patent also Edward the Third in the Eleventh year of his Reign added the Dukedom of Cornwal to the Principality of Wales and Anno Regni 36. he makes his eldest Son Edward the Black Prince Prince of Aquitain for which he did Fealty and Homage at Westminster Sed tamen Principatum Walliae Ducatum Cornubiae Comitatum Cestriae Cantii non reliquit Walsing fol. 172. Since the Union of England and Scotland his Title hath been Magnae Britanniae Princeps but ordinarily Prince of Wales As eldest Son to the King of Scotland he is Duke of Rothsay and Seneschal of Scotland from his Birth And so long as Normandy remained in the possession of the English he had always the style of Duke of Normandy At his Creation he is presented before the King in Princely Robes who putteth a Coronet upon his Head a Ring on his middle Finger a Verge of Gold in his Hand and his Letters Patents after they are reaâ— His Mantle which he wears in â—arliament is once more doubled upon the shoâ—â—â—â—rs than a Dukes his Cap of State indenteâ—â—nd his Coronet formerly of Crosses and Flower de lis mixed But since the happy Restauration of his Majesty it was solemnly ordered that the Son and Heir apparent
Scotch Kings to our gracious Soveraign Charles the Second into whose Veins all those several streams of Royal Blood are conjoyned to unite those jarring Nations into one Body under a Head unto which each one may justly claim an interest God hath thus restored our ancient Government and seated our Soveraign in the Throne of his Ancestors giving him a power just and absolute as well to preserve as curb his people being not only Major singulis but Major universis and his power is super totam Rempublicam which I thus prove Either the whole power of the Commonwealth is in one or not if not then he is no absolute King or Monarch but if he be as all must yield a Monarch I ask if there be a power in the Commonwealth which is not in him Is it subordinate to his power or not If subordinate than his power is above that power and so super totam Rempublicam Major universis if it be not then there are a simul semel to Supream Civil Powers in the same individual Kingdom and Gubernation and yet divided against it self which is most absurd and impossible This in Answer to a monstrous Pamphlet which the lasciviousness of our late unhappy Wars produced which asserted Rex minor universis But the Divine Providence hath I hope put a period to all such Trayterous Tenents and concluded such Disputes by Acts of Parliament so that no person for the future shall dare to question who hath the right of making Peace or War the power of Militia by Land and Sea all strong Holds and Forts c. being the inherent right of the English Monarchs by their Prerogative Royal. The King is God's Vicegerent and ought to be obeyed accordingly If good he is a blessing if bad a judgment and then against whom we are to use no other weapons but prayers and tears for his amendment He is styled Pater Patriae Caput Reâ—publicae and because the protection of his Subjects belongs to his care and office the Militia is annext to his Crown that the Sword as well as the Scepter may be in his hand The Parliament then all Roman Catholicks in the behalf of Henry the Eighth writ to the Pope declaring that his Royal Majesty is the Head and the very Soul of us all his Cause is the Cause of us all derived from the Head upon the Members his Griefs and Injuries are ours we all suffer equally with him Camden in his Britannia fol. 100. calls the King the most excellent part of the Commonwealth next unto God He is under no Vassuage he takes his Investure from no man Rex non habet Superiorem nisi Deum satìs habet ad poenam quod Deum expectat ultorem In England France Spain c. Kings are styled Dei Gratia c. and as the French King is said to be Rex Francorum Christianissimus the most Christian King of France The King of Spain the most Catholick The Emperour the Defender of the Church So the Kings of England by a Bull from Pope Leo the Tenth sent to King Henry the Eighth for a Book of Controversie written by him against Luther have the Title of Defenders of the Faith and by Act of Parliament he is declared Supream Head of the Church of England It is the manner also for Kings to write in the plural Number which is God's own style Mandamus Volumus c. and in the Scripture we find them called Gods in which sense they may be styled Divi or Dii quia Dei Vicarii Dei voce judicant Our Lawyers also say Rex est persona mixta cum Sacerdote habet Ecclesiasticam Spiritualem Iurisdictionem This shews the King's power in Ecclesiastical Causes being anoynted with Oyl as the Priests and afterwards the Kings of Israel were which signifies his person to be both Sacred and Spiritual And therefore at the Coronation hath put upon him a Priest's Garment called the Dalmatica or Colobium and other such Vests And before the Reformation the King as a Spiritual person received the Sacrament in both kinds He is capable of holding Tithes all Extra-Parochial Tithes some Proxies and other Spiritual profits belong to the King The Ceremonies at the Coronation of the King are many and with us in England more than in many other Countries As the Anoynting with Oyl which is proved by Mr. Selden to be of above one thousand years standing the Crown set upon his Head with many Religious Ceremonies besides the Ensigns of Regality which are a Ring to signiâ—ie his Faitâ—fulnes a Bracelet for Good Works a Scepter for Justice a Sword for Vengeance Purple Robes to attract Reverence and a Diadem triumphant to blazon his Glory It was the saying of Thomas Becket Archbishop of Canterbury Inunguntur Reges in Capiâ—e etiam pectâ—re brachâ—is quod significat gloriam sanctitatem forâ—â—nâ— inâ—â—n King's are Anoynted on the Head to signiâ—â—e their Glory on the Breast to Emblematize their Sanctity and on their Arms to declare their power He is crowned with an Imperial Crown the Crown set on his Head by the Arch-bishop of Canterbury a prerogative belonging to that See as it is in Spain to Toledo in France to Rheims and in Sueden to Vpsalia But this Imperial Crown hath not been long in use amongst us though our Kings have had Imperial Commands as over Scotland Ireland Man and other Isles being in a manner like that of an Earls now Neither is it found that any such thing as a Diadem was at all in use until the tune of Constantine the Great For before the distinction was some kind of Chaplet or rather a white silk Fillet about the Head which was an ordinary way to distinguish them And we read that Alexander the Great took off his white Diadem to cure the madness of Seleucus The first King that was crowned with this Imperial Crown floried and arched was Henry the Third but some say Henry the First and indeed it is left in dispute However it is very probable and plain That the ancientest Ensign of Regal Authority was the Scepter which is every where spoken of both in Scripture and Prophane History There is another Ensign of their Authority which is a Globe or Mound with a Cross which hath been in use amongst us ever since Edward the Confessor's time which is placed in the left hand as is seen in most of their Coyns The Cross denoting his Faith the Globe his Empire by Sea and Land as 't is said of Iustinian the Emperor who was the first that ever used it The Office of the King of England according to Fortescue Pugnare bella populi sui eos rectissime judicare to fight the Battels of his people and to see Right and Justice done unto them or more particularly as is promised at the Coronation to preserve the Rights and Priviledges of Holy Church the Royal Prerogatives belonging to the Crown the Laws and Customs of the
Office of a King to fight the Battels of his people and rightly to judge them 1 Kings 8. And the Prophet David saith Be ye learned you that judge the Earth Whereto if they also would endeavour to have knowledge in the Principles and Grounds of the Laws of their own Country which they in due time inherit they shall be much the more enabled to govern their Subjects and it is a point of Wisdom in such to acknowledge that Rex datur propter Regnum non Regnum propter Regem And to move the Princes to these things there is an excellent Book Dialogue-wise between a Prince a King's Son of this Realm and Sir Iohn Fortescue a Judge entituled De laudibus Legum Angliae Many that have been Heirs apparent to the Crown of England ever since the Norman Conquest have been taken away either by their natural deaths or by violence during the life of their Ancestors so that they have not attained to the Crown William the only Son of Henry the First was drowned in his passage from Normandy his Father reigning Eustace King Stephen's only Son died mad to the great grief of the King his Father William the eldest Son of King Henry the Second died in the Fourth year of his Age and in the Third year of his Fathers Reign King Henry the Second's Son called Curt-Mantel was in his Father's life time crowned King by the Name of King Henry the younger but died in the life time of his Father Geffrey the fourth Son of the said King died during the Reign of Richard Coeur de Leon his third Brother which King Richard had no Son and so Geffrey was Heir apparent to the Crown King Edward the First had Issue Iohn Henry and Alphons but all three died in their Childhood in their Father's life Edward the Black Prince of famous memory eldest Son to King Edward the Third died before his Father Richard the Third had Issue only one Son named Edward who died without Issue Arthur the eldest Son and Heir apparent to King Henry the Seventh died in the life time of his Father Henry Prince of Wales eldest Son to King Iames also left the World before his Father These Examples may serve as a Mirror for all succeeding Princes and others to see how transitory the Glory of this World is whereof the saying of the Princely Prophet David may never be out of remembrance Psal. 82. I have said ye are Gods and ye are all the Children of the most High but ye shall die like men and ye Princes like others Also divers other Heirs apparent and those that have been in possession of their Crowns have been defeated by Usurpers And namely Robert Duke of Normandy eldest Son to William the Conqueror was defeated of his Birth-right by his two younger Brethren William Rufus and Henry successively one after another and after Six and twenty years Imprisonment having both his Eyes put out died in the Reign of his Brother Henry Maud the sole Daughter of the said King Henry was defeated of her Birth-right to the Crown by Stephen the Son of her Fathers Sister Arthur the only Son and Heir of Geffrey the fourth Son to Henry the Second was next Heir to the Crown after the death of his Uncle Richard the first King of that Name who died without Issue his Father being dead before but his Uncle Iohn Son to the said Henry the Second defeated him not only of his right to the Kingdom but also of his Life and that by starving him King Edward the Second was deposed by his eldest Son who in the life time of his Father took upon him to be the King of England Richard the only Son to Edward the black Prince and next Heir to the Crown after the death of his Grandfather King Edward the Third was defeated both of his Crown and Life by Henry of Lancaster Son to Iohn of Gaunt who was but the fourth Son of King Edward the Third yea although Lionel the third Son of the said King Edward had Issue Philip his only Daughter who by consequence was next to the Crown before the Issue of Iohn of Gaunt which Philip was married to Edward Mortimer Earl of March from whom the House of York by the name of Edward the Fourth are lineally descended For William of Hatfield second Son to King Edward the Third died young without Issue King Henry the Sixth having but one Son named Edward he was slain in the life time of his Father and the King himself deposed by Edward the Fourth and murthered in the Tower So the Act of Parliament made between them for an indented Peace exemplified in our Books of Law Edward and Richard the two only Sons to Edward the Fourth after the descent of the Crown and before the Coronation of Prince Edward were both of them murthered in the Tower by their Uncle Richard Duke of Glocester who thereupon took upon him the Crown although there were remaining alive divers Daughters of the late King Edward the Fourth During these troublesome and tragical times each of the Kings prevailing attainted the other their Adversary of High Treason by Act of Parliament intending utterly to disable them and make them to be incapable by the Law of the Crown And it is a matter worthy of Observation how the Hand of God did not forget to pursue Revenge in these Cases for William Rufus died without Issue Henry his Brother had a Son and one Daughter but his Son died an Infant and his only Daughter Maud was defeated of her Birthright by Stephen King Iohn who defeated Arthur his Nephew of his Birthright and Life lived in continual Wars never enjoyed Peace but was driven to submit himself and subject his Kingdom to the Pope In his time Normandy which King William the First brought with him and which in five Descents continued in actual Obedience of the Kings of England was in the sixth year of his Reign lost until King Henry the Fifth recovered it again and left it to King Henry the Sixth who again lost it in the Eight and twentieth year of his Reign as doth appear both in our Chronicles and in our Books of Law Concerning the violence done to King Henry the Second albeit Edward his Son enjoyed a long and prosperous Reign yet his Successor King Richard was in the like violent manner imprisoned deprived and put to death King Henry the Fourth by whom King Richard was deposed did exercise the chiefest Acts of his Reign in executing those who conspired with him against King Richard His Son had his Vertue well seconded by Felicity during whose Reign by the means of Wars in France the humour against him was otherwise imployed But his next Successor King Henry the Sixth was in the very like manner deprived and together with his young Son Edward imprisoned and put to death by King Edward the Fourth This Eward died not without suspicion of poyson and after his death his two Sons were likewise
disinherited imprisoned and murthered by their cruel Uncle the Duke of Glocester who being both a Tyrant and Usurper was justly encountred by King Henry the Seventh in the Field So infallible is the Law of Justice in revenging Cruelties and Injuries not always observing the present time wherein they are done but often calling them into reckoning when the Offenders retain least memory of them But as the saying is Ex malis moribus bonae leges oriuntur so their Tragical and Miserable Combustions have occasioned that the Law hath established more certain Resolutions in all these cases and pretences against the right Heir to the Crown than before For first though a common Opinion was conceived that a Conqueror might freely dispose of the Succession of that Estate which he had obtained by the purchase of his Sword which was the Title pretended for William Rufus yet now in our Books this difference is taken for Law viz. between the Conquest of a Kingdom from a Christian King and the Conquest of a Kingdom from an Infidel For if a King come to a Christian Kingdom by Conquest seeing he hath Vitae necis potestatem he may at his pleasure alter and change the Laws of that Kingdom but until he doth make an alteration thereof the ancient Laws do stand and therefore the case of Rufus the ancient Law of this Realm being That the eldest Son should inherit and that a King in possession cannot devise the same by his last Will or by other Act therefore the said William Rufus was no other than a Usurper But if a Christian King should Conquer a Kingdom from an Infidel and being then under his subjection there ipso facto the Laws of the Infidels are abrogated for that they be not only against Christianity but against the Law of God and Nature mentioned in the Decalogue and in that case until certain Laws be established amongst them the King by himself and such Judges as he shall appoint shall judge them and their causes according to natural Equity in such sort as Kings in ancient times did within their Kingdoms before any certain municipal Laws were given And if a King have a Kingdom by Title of Descent there seeing by the Laws of that Kingdom he doth inherit the Kingdom he cannot change those Laws of himself without consent of Parliament Also if a King have a Christian Kingdom by Conquest as King Henry the Second had Ireland after that King Iohn had given unto them being under his Obedience and Subjection the Laws of England for the Government of that Country no succeeding King could alter the same without Parliament In Succession of Kings a question hath been Whether the King who hath had Sons both before and after he came to the Crown which of them should succeed he that was born before as having the prerogative of his Birthright or he that was born after And for each Reasons and Examples have not been wanting For Xerxes the Son of Darius King of Persia being the eldest Son after the enthroning his Father carried away the Empire from his Brother Arthemones or Artobazanes who was born before his Father came to the Royal Possession thereof So Arceses the Son of another Darius born in the time of his Fathers Empire carried away the Garland from his Brother Cyrus born before his Father came to the Empire So Lewis Duke of Millain born after his Father was Duke was preferred to the Dukedom before his Brother Galiasius born before the Dukedom But notwithstanding these Examples and the Opinion of sundry Doctors to the contrary common use of Succession in these latter days hath been to the contrary and that not without good reason for that it is not meet that any that hath right to any Succession by the prerogative of their Birthright such as all elder Brothers have should be put by the same And this was the pretence of Henry the First against Robert his eldest Brother Also sundry Contentions have risen in Kingdoms between the Issue of the eldest Son of the King dying before his Father and the second Brother surviving who should Reign after the death of the Father the Nephew challenging the same unto him by the Title of his Fathers Birthright and by way of Representation Cok. part 3. cap. 4. the other claiming as eldest Son to his Father at the time of his death Upon which Title in old time there grew a Controversie between Arcus the Son of Arrotatus eldest Son of Cleomenes King of Lacedemonia and Cleomenes second Son of Cleomenes Uncle to the said Arcus But upon debate of the matter the Senate gave their Sentence for Arcus against Cleomenes Besides Enominus King of Lacedemon having two Sons Polydectes and Licurgius Poyldectes dying without Children Licurgius succeeded in the Kingdom but after he had understood that Polydectes Widow had a Child he yielded the Crown to him wherein he dealt far more religiously than either did King Iohn or King Richard the Third For King Iohn upon the like pretence not only put by Arthur Plantaginet his eldest Brother's Son from the Succession of the Kingdom but also most unnaturally took away his life And King Richard the Third to come to the Crown did most barbarously not only slay his two innocent Nephews but also defamed his Mother in publishing to the World that the late King his Brother was a Bastard Our Stories do obscurely note that Controversie of like matter had like to have grown between King Richard the Second and Iohn of Gaunt his Uncle and that he had procured the Counsel fo sundry great Learned Men to this purpose but that he found the hearts of divers Noblemen of this Kingdom and especially the Citizens of London to be against him whereupon he desisted from his intended purpose and acknowledged his Nephews Right And the reason of the Common Law of England is notable in this point and may be collected out of the ancient Authors of the same Glanvile lib. 7. cap. 1. Bracton lib. 7. c. 30. and by Brittan fol. 119. For they say Whosoever is Heir to another aut est haeres jure proprietatis as the eldest Son shall inherit only before his Brothers aut jure representationis as where the eldest Son dieth in the life of his Father his Issue shall inherit before the youngest Son for though the youngest sit magis propinquus yet jure representationis the Issue of the eldest Son shall inherit for that he doth represent the person of his Father And as Bracton saith jus proprietatis which his Father had by his Birthright doth descend unto him aut jure propinquitatis ut propinqui jus excludit remotum remotus remotiorem aut jure sanguinis And yet Glanvile Lord Chief Justice under King Henry the Second seemeth to make this questionable here in England Who should be preferred the Uncle or the Nephew Also it hath been resolved for Law That the possession of the Crown purgeth all defects
Hen. 1. fol. 3. and so doth Vlpian the Civilian determine And this is one of the three Reasons alledged wherefore by the policy of our Law the King is a Body Politick thereby to avoid the attainder of him that had right to the Crown Coke's seventh part 12. a. lest in the interim there should be an interregnum which the Law will not suffer because of the manifold Incumbrances thereof For it hath been clearly resolved by all the Judges of the Land That presently by the descent of the Crown the next Heir is compleatly and absolutely King without any essential Ceremony or Act to be done ex postfacto And that Coronation is but a Royal Ornament and outward Solemnization of the Descent And this appeareth evidently by abundance of Presidents and Book-Cases Let us take one or two Examples in a Case so clear for all King Henry the Sixth was not crowned till the Eighth year of his Reign and yet divers men before his Coronation were attainted of Treason Felony and the like Crimes and he was as absolute and compleat a King for matters of Judicature Grants c. before his Coronation as he was after Queen Mary reigned three moneths before she was crowned in which space the Duke of Northumberland and others were condemned and executed for Treason which they had committed before she was Queen And upon this reason there is a Maxim in the Common Law Rex nunquam moritur in respect of his ever living and never dying politique capacity In France also the same Custome hath been observed and for more assurance it was expresly enacted under Charles the Fifth That after the death of any King his eldest Son should immediately succeed for which cause the Parliament Court of Paris doth accompany the Funeral Obsequies of those that have been their Kings not in mourning attire but in Scarlet the true Ensign of the never dying Majesty of the Crown Nevertheless certain Cities in France not long since alledged for themselves that because they had not reputed Henry the Fourth for their King and professed Allegiance unto him they were not to be adjudged Rebels Whereupon the chief Lawyers of our Age did resolve That forasmuch as they were original Subjects even Subjects by Birth they were Rebels in bearing Arms against their King although they had never professed Allegiance unto him To conclude this Chapter I shall give you a View of the Ceremonies of the Creation of Henry Prince of Wales which began on the Thirtieth of May 1610. as followeth The Prince accompanied with divers young Noblemen together with his own Servants rode from his Court at St. Iames's to Richmond where he reposed that night on the next day the Lord Mayor Aldermen with the several Companies in their Barges attended his Highness about Barn Elmes where he was entertained with a Banquet and in other places with Speeches by a Neptune upon a Dolphin and a Sea Goddess upon a Whale c. His Highness landing at Whitehall was received by the Officers of his Majesties Houshold according to order viz. by the Knight Marshal and the Serjeant Porter In the Hall by the Treasurer and Comptroller of the Houshold in the great Chamber by the Captain of the Guard and in the presence Chamber by the Lord Chamberlain from whence he went into the Privy Chamber where the King and Queen met him the Saturday after was taken up with the usual Ceremonies of making Knights of the Bath to attend his Highness at his Creation which were Five and twenty in number Upon Monday following these Knights of the Bath met in the Queens Closet where they put on long Purple Satten Robes lined with white Taffata and a Hood like a Batchelor of Law about their Necks and in a Barge prepared for them went before the Prince to Westminster Palace where his Highness landed and proceeded to his Creation thus First the Heralds Next the Knights of the Bath Then the Lords that were imployed in several Services Garter King at Arms bearing the Letters Patents The Earl of Sussex the Robes of Purple Velvet The Earl of Huntington the Train The Earl of Cumberland the Sword The Earl of Rutland the Ring The Earl of Derby the Rod. The Earl of Shrewsbury the Cap and Coronet The Earl of Nottingham and Privy Seal supported his Highness being in his Surcoat only and bareheaded to the Parliament Chamber The King was already set with all the Lords Spiritual and Temporal in their Robes of State all the Knights and Burgesses of the lower House present as also the Foreign Ambassadors the great Ladies of the Realm and the Lord Mayor and Aldermen of London seated upon Scaffolds The Procession entring in manner aforesaid made three several low Reverencies to his Majesty and when they came to the Throne Garter King at Arms kist the Letters Patents and gave them to the Lord Chamberlain who presented them to the King who delivered them to the Earl of Salisbury Principal Secretary of State who read them the Prince kneeling all the while before the King and at the words accustomed the King put on the Robe the Sword the Cap and Coronet the Rod and the Ring The Patent being read the King kist him on the Cheek and the Earl Marshal with the Lord Chamberlain placed him in his Parliament Seat viz. on the left hand of the King which Ceremony being ended they returned to the Palace Bridge in manner as followeth First the Masters of the Chancery the King's Council and others then the Officers of Arms the Knights of the Bath next twenty Trumpets before them then the Judges and after them all the Members of Parliament in order the Barons Viscounts Earls and Marquisses having Coronets on their Heads then Norroy and Clarenceaux King at Arms going next before the Lord Treasurer and the Lord Chancellor then Garter next before the Sword and then the Prince and King They took Barge at the Palace Stairs and landed at Whitehall Bridge where the Officers at Arms the Members of Parliament and the Lords being first landed attended the King and Prince and went before into the Hall and so into his Majestie 's Presence Chamber whence the Prince descended again into the Hall to Dinner himself seated at the upper end of a Table accompanied with the Lords that attended him at his Creation who sate on both sides of the Table with him At another Table on the left hand sate the Knights of the Bath in their Robes along one side attended by the King's Servants At the second Course Garter with the Heralds came to the Prince's Table and after due reverence proclaimed the King's Style with three Largesses viz. King of England Scotland France and Ireland Defender of the Faith c. And then proclaimed the Prince's Titles viz. Prince of Wales Duke of Cornwall and Rothsay Earl of Rothsay Earl of Chester and Knight of the Garter with two Largesses Then with Feasting Masques and all sort of Courtly Gallantry that joyful
Authority of Parliament made in the Eleventh of King Edward aforesaid and therefore to supply that defect in the Fifth of Edward the Third he was created Duke of Cornwall by special Charter Elizabeth eldest Daughter of King Edward the Fourth was not a Dutchess of Cornwall although she was the Firstbegotten Daughter of Edward the Fourth for the Limitation is to the First-begotten Son Henry the Eighth was not in the life of his Father King Henry the Seventh after the death of his eldest Brother Arthur Duke of Cornwall by force of the said Creation for although he was sole Heir apparent yet he was not his eldest begotten Son And the Opinion of Stamford a Learned Judge hath been That he shall have within his Dukedom of Cornwall the King's Prerogative because it is not severed from the Crown after the form as it is given for none shall be Inheritor thereof but the King 's of the Realm For example whereas by Common Law if a man hold divers Mannors or other Lands or Tenements of divers Lords all by Knights Service some part by Priority and ancient Feoffment and other Land by Posterity and a later Feoffment and the Tenant so seized dieth and his Son and Heir within Age in this case the custody and wardship of the Body and his marriage may not be divided amongst all the Lords but one of them only shall have right unto it because the Body of a man is intire And therefore the Law doth say That the Lord of whom some part of those Lands are holden by Priority and by the same Tenure of Chivalry shall have it except the King be any of the Lords for then though the Tenant did purchase that Land last yet after his death the King shall be preferred before any of the other Lords of whom the Tenant did hold the Priority And so shall the Duke of Cornwall in the same Case have the Prerogative if his Tenant die holding of him but by posterity of Feoffment for any Tenure of his Dutchy of Cornwall although the same Duke is not seized of any particular Estate whereof the Reversion remaineth in the King for the Prince is seized in Fee of his Dukedom as beforesaid Iohn of Gaunt the fourth Son of King Edward the Third took to Wife Blanch Daughter and Heir of Henry Duke of Lancaster who had Issue Henry King of England so that the said Dutchy of Lancaster did come unto the said Henry by descent from the party of his Mother and being a Subject he was to observe the Common Law of the Realm in all things concerning his Dutchy For if he would depart in Fee with any thereof he must have made Livery and Seisin or if he had made a Lease for life reserving Rent with a Re-entry for default of payment and the Rent happen to be behind the Duke might not enter without making his Demand or if he had alienated any part thereof whilst he was within Age he might defeat the Purchaser for that Cause and if he would grant a Reversion of an Estate for life or years in being there must also be Attornment or else the Grant doth not take effect But after that he had deposed King Richard the Second and did assume the Royal Estate and so had conjoyned his Natural Body in the Body Politick of the King of this Realm and so was become King then the possession of the Dutchy of Lancaster was in him as King but not as Duke which degree of Dignity was swallowed up in that of the King for the lesser must always give place to the greater And likewise the Name of the Dutchy and the Franchises Liberties and Jurisdictions thereof when in the King's Hands were by the Common Law extinct and after that time the possessions of the Dutchy of Lancaster could not pass from Henry the Fourth by Livery of Seisin but by his Letters Patents under the Great Seal without Livery of Seisin and with Attornment And if he make a Lease for Life being Duke reserving a Rent with a Re-entry for default of payment and after his Assumption of the Crown his Rent happen to be unpaid he might Re-enter without Demand for the King is not bound to such personal Ceremonies as his Subjects are Therefore to have the said Dutchy to be still a Dutchy with the Liberties to the same as it was beâ—ore and to alter the order and degree of the Lands of the Dutchy from the Crown the said King Henry the Fourth made a Charter by Authority of Parliament which is entituled Charta Regis Hen. 4. de separatione Lancastriae à corona authoritate Parliamenti Anno Regni sui primo as by the Tenor thereof may appear And so by Authority of that Parliament the said Dutchy with all the Franchises and Liberties was meerly resigned from the Crown and from the Ministers and Officers thereof and from the Order to pass by such Conveyance which the Law did require in the possessions of the Crown But now the possessions of the Dutchy by force of the said Statute stood divided from the Crown and ought to be demeaned and ordered and pass as they did before Henry the Fourth was King yet there is no Clause in the Charter which doth make the person of the King who hath the Dutchy in any other Degree than it was before But things concerning his pleasure shall be in the same estate as they were before such separation insomuch as if the Law before the Charter by Authority of Parliament adjudged the person of the King always of full Age having regard unto his Gifts as well of the Lands which he doth inherit in the right of his Crown or Body Politick it shall be so adjudged for the Dutchy Land after the said Statute for the Statute doth go and reach unto the Estate Order and Condition of the Lands of the Dutchy but doth not extend unto the person of the King who hath the Lands in points touching his person Neither doth that distinguish or alter the preheminences which the Law doth give to the person of the King For if King Henry the Fourth after the said Act had made a Lease or other Grant of parcel of the Dutchy by the Name of Henry Duke of Lancaster only it had been void for it should have been made in the Name of Henry the Fourth King of England And thus stood the Dutchy of Lancaster severed from the Crown all the Reign of Henry the Fourth Henry the Fifth and Henry the Sixth being politickly made for the upholding of the Dutchy of Lancaster their true and ancient Inheritance however the right Heir to the Crown might in future time obtain his right thereunto as it happened in King Edward the Fourth's time but after the said King Edward obtained his right unto the Crown in Parliament he attainted Henry the Sixth and appropriated and annexed the said Dutchy again to the Crown as by the Statute thereof made in the first of the King's Reign
and is equal in power to a King as before noted She is her Husband 's Sovereign and he her Subject in England although he were an Emperor So was King Philip of Spain to Queen Mary and her Authority is included in the foregoing Chapter of Monarchy and therefore need not to be here repeated The second in Honour is the Queen Consort and the third the Queen Dowager or Queen Mother As from the benign influence of the glorious Planet the Sun all Creatures by God's decree in the order of Nature receive life and motion so from the King God's Vicegerent on earth all degrees of Nobility take their advance and dignity 'T is therefore requisite the King should as far excel his Subjects in Majesty and Splendor as doth the Sun the other Planets And as the Moon is the mirror of the Sun representing his Glory by Night so the Queen Consort the Counterpart of the Royal Majesty shines amongst us for whom and for whose Posterity the Nation is bound to send up their Prayers to God The Queen of England during the life of the King hath as high prerogatives and priviledges and liveth in as great state as any Queen in Europe She is reputed the second person in the Kingdom and the Law setteth so high a value upon her as to make it High Treason to conspire her death or to violate her Chastity She is allowed Regal Robes Ornaments and a Crown of the same form as an absolute Queen weareth and may be as formerly they were crowned with Royal Solemnity the performance of which Office properly belongeth to the Archbishop of York And although their Coronations of late have been disused yet they have as much honour and enjoy the same priviledges as if that Ceremony had been done And the manner and solemnity at the Coronation of a Queen is at large set down in most of our Chronicles and in particular in Holinshead and Stow upon the splendid Coronation of Anna Bulloign in the Reign of King Henry the Eighth to which I refer the Reader The Queen is permitted to sit in state by the King and to keep a distinct Court from the King 's although she be the Daughter of a Nobless and hath her Courtiers in every Office as hath the King though not altogether so many and hath her Yeomen of her Guard to attend her on foot and within doors and her Lifeguard of Horse for her state and security when she goeth abroad She hath her Attorney Solicitor and Counsel for the management of her Law concerns who have great respect shewed them being placed within the Barr with the King's Counsel in all Courts of Judicature Although she be an Alien and a Feme covert during the King's Life yet without any Act of Parliament for Naturalization or Letters Patents for her Denization she may purchase Lands in Feesimple make Leases in her own Name without the King hath power to give to sue and to contract Debts which by the Law is denied any other Feme Covert she may not be impleaded till first petitioned nor is the formality of fifteen days Summons to the Defendant needful if she be Plaintiff nor can she be amerced if she be Nonsuited in any Action she may present by her self to a Spiritual Benefice Anciently the Queens had a Revenue called Aurum Reginae that is the Queen's Gold which was the tenth part of what came to the King by the name of Oblata upon Pardons Gifts c. but of late they keep to their Dowry viz. Forty thousand pounds per Annum besides fines upon the renewing of Leases which said Dowry is as large as any Queens in Christendome The like honour and respect that is due to the King is exhibited to the Queen as well by Foreigners as by the King's Subjects as is also to the Queen Dowager who looseth not her Dignity or Reverence although she should marry a private Gentleman as did Queen Kathâ—rine Widow to King Henry the Fifth who after she was married to Owen Teudor Esquire maintained her Action at Law as Queen of England The present Queen Consort is the thrice Illustrious Donna Katherina Infanta Portuguesa whose vertue and true piety ought to be taken notice of in all Histories â—or succeeding Queens to trace her Noble footsteps whom God preserve The Queen Dowager takes place next to the Queen Consort and in the absence of the King her Son or in his minority is sometimes made Queen Regent or Protectress but this trust is usually by the King 's own command or at the request of the three States assembled in Parliament to prevent the danger of an usurpation of the Crown the like trust is sometimes imposed upon the Queen Consort in her Husband's absence as by King Henry the Eighth twice during his Wars in France Note That during the minority of the King of England whatsoever Laws are enacted in Parliament under a Queen Regent or a Protectress are no longer binding than till the King attains to full age after which he may revoke and make void by his Letters Patents under the Great Seal The Daughters of the Kings of England are all styled Princeâ—â—es The eldest is called the Princess Royal and hath an aid or certain rate of money paid by every Tenant in Capite Knights Service and Soccage towards her marriage Portion as was levied by K. Iames when he married the Princess Elizabeth and to violate her Chaâ—â—ity is by the Law adjudged High Treason Of Noble VVomen WOmen in England according to their Husbands Qualities are either Honourable and Noble or Ignoble Their Honourable Dignities are Princesses Dutchesses Marchionesses Countesses Viscountesses and Baronesses The Nobless as the French call them are all Knights Ladies who in all writings are styled Dames all Esquires and Gentlemens wives only Gentlewomen The third sort comprehends the Plebeans and are commonly called Goodwives Noble women are so by Creation Descent or Marriage Of women honourable by Creation are divers Examples of which the first as I remember that we read of was Margaret Countess of Norfolk created by Richard the Second Dutchess of Norfolk And many of them had their Honours granted by Patents to themselves and the Heirs Males of their Bodies to be begotten with special Clauses that their Heirs Male shall have voices in Parliament Creation money their Mothers Titles as if a Dutchess he a Duke and if a Countess he an Earl with the Ceremony of Mantle Surcoat Coronet c. The like Grant was to Anna Bulloign when she was created Marchioness of Pembroke by Henry the Eighth Of a later date was the Lady Finch made Countess of Winchelsey who had all the said priviledges granted to her and her Heirs Male The Dutchess of Buckingham also in the time of King Iames. And in our Age we have divers Noble Ladies advanced to degrees of Honour viz. the Countess of Guilford Groom of the Stool to the Queen Mother and a faithful Servant to her in her banishment being
Heraldry written by Iohn Guillim about fol. 18. That Sisters are allowed no differences of Badges in their Coat-Armour by reason that by them the name of the House cannot be preserved but are admitted to the Inheritance equally and are adjudged but one Heir to all intents and purposes whatsoever And the knowledge of this point in these days is worthy to be enquired into for this is to be observed out of Presidents and to be acknowledged of every dutiful Subject that the King can advance to Honour whom he pleaseth And therefore whereas Radulph Cromwell being a Baron by Writ died without Issue having two Sisters and Coheirs Elizabeth the eldest married unto Sir Thomas Nevill Knight and Ioan the younger married to Sir Humphrey Bowcher who was called to Parliament as Lord Cromwell and not the said Sir Thomas Nevill who married the eldest Sister And Hugh Lupus the first and greatest Earl of Chester Habendum sibi haeredibus adeo libere per gladium sicut iple Rex tenuit Angliam per tenorem Hugh died without Issue and the Inheritance of his Earldom was divided amongst his four Sisters and the eldest had not the Seigniory entire unto herself If a Woman be Noble by Birth or Descent with whomsoever she doth marry although her Husband be under her Degree yet she doth remain Noble for Birth-right est Character indelebilis Other Women are enobled by Marriage and the Text saith thus viz. Women ennobled with the Honour of their Husbands and with the Kindred of their Husbands we worship them in the Court we decree matters to pass in the Names of their Husbands and into the House and Surname of their Husbands do we translate them But if afterwards a Woman do marry with a Man of a baser Degree then she loseth her former Dignity and followeth the condition of her latter Husband And concerning the second disparaged Marriage as aforesaid many other Books of the Law do agree for these be Rules conceived in those Cases Si mulier nobilis nupserit ignobili desinit esse nobilis eodem modo quo quid constituitur dissolvitur It was the Case of Ralph Howard Esq who took to Wife Anne the widow of the Lord Powes they brought an Action against the Duke of Suffolk by the Name of Ralph Howard Esq and the Lady Anne Powes his Wife and exception was taken for mis-naming of her because she ought to have been named of her Husband's Name and not otherwise and the Exception was by the Court allowed For said they by the Law of God she is Sub potestate viri and by our Law her Name of Dignity shall be changed according to the Degrees of her Husband notwithstanding the Courtesie of the Ladies of Honour and Court Dyer 79. And the like is also in Queen Maries Reign when the Dutchess of Suffolk took to her Husband Adrian Brook Title Brief 54. 6. And many other Presidents have been of later times And herewith agreeth the Civil Law Digest lib. 1. title q. lege 1. In this Case of acquired Nobility by marriage if question in Law be whereupon an Issue is taken between the Parties that is to say Dutchesses are not Dutchesses Countesses are not Countesses and Baronesses are not Baronesses the Trial whereof shall not be by Record as in the former Case but by a Jury of Twelve men and the reason of the diversity is because in this Case the Dignity is accrued unto her by her Marriage which the Lawyers term Matter in Fact and not by any Record But a Noble Woman by marriage though she take to her second Husband a man of mean Degree yet she may keep two Chaplains according to the Proviso in the Statute of 11. Hen. 8. Case 13. for and in respect of the Honour which once she had viz. at the time of the Retainer And every such Chaplain may purchase Licence and Dispensation c. And Chaplains may not be Non-residents afterwards And forasmuch as the retaining of Chaplains by Ladies of great Estate is ordinary and nevertheless some questions in Law have been concerning the true understanding of the said Statute Law I think it not impertinent to set down subsequent Resolutions of the Judges touching such matters So long as the Wife of a Duke is called Dutchess or of an Earl a Countess and have the fruition of the Honour appertaining to their Estate with kneeling tasting serving so long shall a Baron's Widow be saluted Lady as is also a Knight's Wife by the courtesie of England quamdiâ— matrimonium aut viduitas uxoris durant except she happen to clope with an Adulterer for as the Laws of this Kingdom do adjudge that a Woman shall lose her Dowry in that as unto Lands Tenements and Justice so doth the Laws of Gentry and Nobleness give Sentence against such a Woman advanced to Titles of Dignity by the Husband to be unworthy to enjoy the same when she putting her Husband out of her mind subjects her self unto another If a Lady which is married come through the Forest she shall not take any thing but a Dutchess Marchioness or Countess shall have advantage of the Statute de Charta Forest. 12 Artic. during the time that she is unmarried This is a Rule in the Civil Law Si filia Regis nubat alicui Duci vel Comiti ducetur tamen semper regalis As amongst Noble Women there is a difference of Degrees so according to their distinct Excellencies the Law doth give special priviledges as followeth By the Statute 25 Edw. 3. cap. 1. it is High Treason to compass or imagine the death of the Queen or to violate the King's Companion The King's Response is a sole person except by the Common Law and she may purchase in Feesimple or make Leases or Grants with the King she may plead and be impleaded which no other married Woman can do without her Husband All Acts of Parliament for any cause which any way may concern the Queen are such Statutes whereof the Judges ought to take Recognizances as of general Statutes though the matter doth only concern the capacity of the Queen yet it doth also concern all the Subjects of the Realm for every Subject hath interest in the King and none of his Subjects within his Laws are divided from the King who is Head and Sovereign so that his business concerns all the Realm and as the Realm hath interest in the King so and for the same Reason is the Queen being his Wife A man seized of divers Lands in Fee holden by Knight's Service some by Priority that is by ancient Feoffment holden of others and some other part holden of the King in posteriority the King granteth his Seigniory to the Queen during her life and afterwards the Tenant dieth his Son within Age in this case he shall have the Wardship of the Body and have the Prerogative even as the King himself should have had The Queen Consort or Dowager shall not be amerced if she be Nonsuited
time but by a Statute made the Twelfth of Edward the First Wales was incorporated and united to England and became part thereof Also by another Statute made 27 Hen. 8. c. 24. a general resumption of many Liberties and Franchises heretofore granted or taken from the Crown as the Authority to pardon Treasons Murder Manslaughter and Felony also power to make Justices in Oyer Justices of Assize Justices of the Peace Goal deliveries and such like so that from thenceforth the King 's eldest Son hath only the Name and Style of Prince of Wales but no other Jurisdiction than at the King's pleasure is permitted and granted him by his Letters Patents as by the tenor thereof here following made by King Henry the Eighth to Edward his Son and Heir apparent may appear HENRY by the Grace of God King of England and of France Lord of Ireland c. To all Archbishops Bishops Abbots Priors Dukes Earls Barons Iustices Viscounts Governors Ministers and to all our Bayliffs and faithful Subjects Greeting Out of the Excellency of Royal Preheminence like leaves from the Sun so do inferior humours proceed neither doth the integrity of Royal Lustre and Brightness by the natural disposition of the Light affording Light feel any loss or detriment by such borrowed Lights yea the Royal Scepter is also much the more extolled and the Royal Throne exalted by how much the more Nobleness Preheminencies and Honours are under the power and command thereof And this worthy Consideration allureth and induceth us with desire to increase the Name and Honour of our Firstbegotten and best Beloved Son Edward in whom we behold and see our self to be honoured and our Royal House also and our people subject to us hoping by the grace of God by conjecture taken of his gracious future proceedings to be the more honourably strengthened that we may with honour prevent and with abundant grace prosecute him who in reputation of us is deemed the same with us Wherefore by the counsel and consent of the Prelates Dukes Earls Viscounts and Barons of our Kingdom being in our present Parliament We have made and created and by these Presents do make and create him the said Edward Prince of Wales and Earl of Chester And unto the same Edward do give and grant and by this Charter have confirmed the Name Style Title State Dignity and Honour of the said Principality and Connty that he may therein in Governing Rule and in Ruling direct and defend we say by a Garland upon his Head by a Ring of Gold upon his Finger and a Verge of Gold have according to the manner invested him to have and to hold to him and his Heirs the Kings of England for ever Wherefore we will and command for us and our Heirs that Edward our Son aforesaid shall have the Name Style Title State Dignity and Honour of the Principality of Wales and of the County of Chester aforesaid unto him and his Heirs the Kings of England for ever These being Witnesses the Reverend Father John Cardinal and Archbishop of Canterbury Primate of England our Chancellor and William Archbishop of York Primate of England Thomas Bishop of London John Bishop of Lincoln William Bishop of Norwich our most well beloved Cosins Richard Earl of Warwick Richard Earl of Salisbury John Earl of Wiltshire and our well beloved and faithful Ralph Cromwel Chamberlain of our House William Falconbridge and John Stourton Knights Dated at our Palace at Westminster the 15th day of March and in the year of our Reign 32. And here by the way may be observed That in ancient time and in the time of the English-Saxon Kings the use was as well in pennings of the Acts of Parliament as of the King's Letters Patents when any Lands Franchises or Hereditaments did pass from the King of any Estate of Inheritance as also in the Creations of any man unto Honour and Dignity the Conclusion was with the sign of the Cross in form aforesaid his testibus c. But long since that form hath been discontinued so that at this day and many years past the King's Patents for Lands Franchises and Hereditaments do conclude with Teste me ipso Nevertheless in all Creations of Honour and Dignity of Letters Patents the ancient form of concluding His testibus is used at this day And it hath been resolved by the Judges of all Acts of Parliament and Statutes which do concern the Prince who is the Firstbegotten Son of the King and Heir apparent to the Crown for the time being perpetuis futuris temporibus be such Acts whereof the Judges and all the Realm must take Cognizance as of General Statutes For every Subject hath interest in the King and none of his Subjects who are within his Laws be divided from him being he is Head and Sovereign so that the business and things of the King do concern all the Realm and namely when it doth concern the Prince the Firstbegotten Son of the King and Heir apparent to the Crown Although the Prince by express words hath no priviledge by the Great Charter of the Forestâ— 9 Hen. 3. cap. 11. for hunting in the King's Forests or Parks passing by them and sent for by the King's Command yet the Prince is to take the benefit and advantage thereby as well as the Earls Bishops or Barons who are expressed Crompton's Courts des Iustices de Forest 167. In the Parliament 31 Hen. 8. cap. 10. an Act concerning the placing of King's Children and Lords in the Parliament and other Assemblies was amongst other things made as followeth That no person or persons of what degree estate or condition soever his or they be of except only the King's Children shall at any time hereafter attempt to sit or have place on any side of the Cloth of Estate in the Parliament Chamber whether his Majesty be there personally present or absent The Prince shall not find Pledges for the prosecution of any Action and therefore shall not be amerced no more than the King or Queen should be The Prince is a distinct person from the King he is a Subject and holdeth his Principalities and Seigniories of the King and subject to the Law of the Land as a Subject And in token of the Prince's subjection he doth not upon his Posie in his Arms disdain the old Saxon words Ich Dieu I serve And there is a Case that Glascoine Chief Justice of England in the time of Henry the Fourth did commit the Prince who would have taken a Prisoner from their Bar in the King's Bench And the Prince did humbly submit himself and go at his Command And this did much rejoyce the King to see that he had a Judge so bold to administer Justice upon his Son and that he had a Son so gracious as to obey his Laws The Exercises befitting Princes whilst they are young are Chivalry and Feats of Arms and to adjoyn therewith the knowledge of the Law and God For it is the Duty and
He hath the Title of Grace and Most Reverend Father in God He hath the Honour to Crown the Queen and to be her perpetual Chaplain He is also styled Primate of England and Metropolitan of his Province He hath the Rights of a County Palatine over Hexamshire in Northumberland He may qualifie Chaplains and hath divers other Prerogatives which the Archbishop of Canterbury hath within his own Province but Durham being one hath in many things a peculiar Jurisdiction exempted from the Archbishop Priviledges belonging to the Bishops are as followeth IN their own Court they have power to judge and pass Sentence alone without any Colleague which is not done in any other Court And therefore the Bishops send sorth their Citations in their own Names not in the King 's as the Writs in other Courts run They may depute their Authority to another as doth the King either to their Suffragan-Bishops their Chancellors Commissaries or other Officers which none of the King's Judges can do In whatever Prince's Dominions they come their Episcopal Dignity and Degree is owned they may confer Orders c. whereas no Lay-lord is acknowledged but in the King's Dominions who gave him the Title None of them can be Indicted of any Crime before a Temporal Judge without especial Licence from the King A severe penalty to be inflicted on them that raise any Scandal or false Report In a Tryal where a Bishop is Plaintiff or Defendant the Bishop may as well as any Lay-lord challenge the Array if one Knight at least be not returned upon the Jury In Criminal Tryals for life all Bishops are to be tryed by their Peers who are Barons and none under that Degree to be impanelled but anciently they were exempted from any Tryal by Temporal Judges In Parliament they may Vote in any thing but in sentence for Life or loss of Member they being by Common Law to absent themselves and by Common Law to make Proxies to Vote for them They are freed from all Arrests Outlawries Distresses c. They have liberty to hunt in any of the King's Forests or Parks to take one or two Deer coming or going from the King's Presence and to have Wine free from Impost c. Their Persons may not be seized for Contempt but their Temporalities only and their word only is to be taken and their Certificate allowed in the Tryal of Bastardy Heresie c. And such respect has been shewed their Persons that an Offence by a Clergyman to his Bishop is called Episcopicide and punished as Paracide equal to petty Treason Every Bishop may qualifie as many Chaplains as a Duke They are all Barons and Peers of the Realm and have place in the upper House of Parliament as afore noted and take place according to Seniority of their Consecration except London Durham and Winchester who precede by Statute made in the Reign of King Henry the Eighth It will not be amiss to speak somewhat of the Immunities common to all Ecclesiasticks as well Commons as Lords Spiritual as followeth All Suffragan Bishops Deans Archdeacons Prebends Rectors and Vicars have priviledge some by themselves others by proxy to sit and vote in the lower House of Convocation No Subsidy or other Tax can be imposed upon them without their own consent No Clergyman may be compelled to undergo any personal Service in the Commonwealth nor to serve in the Wars or to bear any servile Office They are free from the King's Purveyors Carriers Posts c. for which they may demand a protection from the King cum clausula nolumus They are not obliged to appear at the Sheriffs Turns or Views of Frank pledge nor are impanelled to serve upon Inquests at Assizes or elsewhere If a Clergyman acknowledge a Statute his Body shall not be taken thereupon for the Writ runs Si Laicus sit c. Their Goods are discharged from Tolls and Customs si non exerceant Merchandizas de eisdem but they must have the King 's Writ to discharge them As the Clergymen are exempted from the Wars being by reason of their Function they are prohibited the wearing a Sword so every man in the order of Priesthood is debarred the Order of Knighthood of the Sword cum eorum militia sit contra mundum carnem diabolum saith Sir Iohn Fern yet laying aside their Cures and also lying themselves to a secular life they have been admitted Dei natalin saith Matth. Paris Iohannem de Gatesden clericum multis ditâ—atum beneficiis sed omnibus resignatis quia sic oportuit Baltheo cinxit militari These and many other Rights Liberties and Priviledges belong to the Clergy of England all which the King at his Coronation solemnly swears to preserve to them And they have been confirmed by above Thirty Parliaments and if any Act be made to the contrary it is said to be Null by the Statute of the 4 th of Edward the Third OF BARONS CHAP. IX AMONGST the Nobles and Honourable Persons Barons have the next place And first of the Dignity and Degrees of a Baron in general Secondly of the Etymology of the Name Thirdly of the Antiquity thereof and of the divers uses in former Ages Fourthly of the Division and the consideration of the several kinds of Barons And lastly a Declaration of the divers and sundry Priviledges allowed them and the rest of the Nobles by the Laws of this Realm The Definition or Description of a Baron IT is a certain Rule in Law Definitiones in jure sunt periculosissimae earum est enim 〈◊〉 non subverti possunt and therefore I do not often find any Definition or Description of a Baron delivered by Writers nevertheless in this our Kingdom it is my Opinion that a Baron may be described in a generality answerable unto every special kind thereof in this manner A Baron is a Dignity of Nobility and Honour next unto the Viscount And the Books of Law do make a difference between Dukes Marquisses Earls and Viscounts which are allowed Names of Dignity and the Baron for they affirm That such a Baron need not to be named Lord or Baron by his Writ but the Duke Marquiss Earl or Viscount ought to be named by their Names of Dignity Cambden fol. 1692. saith That our Common Laws do not allow a Baron one of the Degrees of Nobility But I take it to be understood of Barons by Tenure or Barons by Writ only For the Title of a Baron by Patent is in his Letters Patents under the Great Seal of England adorned by the name of Status Gradus Dignitas and therefore is requisite to be named And such Dignities are a parcel of the Name of the Pohenor as well as the Title and Style of a Duke Marquiss Earl or Viscount And although there may be conceived this Difference last mentioned between the Baron by Tenure or Writ and the Baron by Patent yet they being all Members of the higher House of Parliament they are thereby equally made Noble
those ancient Fees in the time of Henry the Third and Edward the Fourth at this day do amount unto most men are not unskilful in Coke's seventh part 33. And in Cases of Decay of Ability and Estate as Senatores Romani amoti Senatu so sometimes they are not admitted to the Upper House of Parliament though they still keep their Title and Dignity Sir Thomas Smith de Republica Aâ—glorum 22. and by the Statute made 31 Hen. 8. cap. 10. the Lords have their places prescribed after this manner as followeth viz. These four the Lord Chancellor the Lord Treasurer the Lord President of the Council and the Lord Privy Seal being Persons of the Degree of a Baron or above are in the same Act appointed to sit in Parliament and in all Assemblies and Councils above all Dukes not being of the Blood Royal viz. the King's Uncle Brother and Nephew And these six viz. the Lord Great Chamberlain of England the Lord High Constable of England the Lord Marshal of England the Lord Admiral of England the Lord High Steward of his Majesties Houshold and the Lord Chamberlain also of his Mâ—jesties Houshold by that Act are to be placed in all Assemblies of Council after the Lord Privy Seal according to their Degrees So that if he be a Baron than he is to sit above all Barons or if an Earl above all Earls And so likewise the King's Secretaries being Barons or Earls have place above all Barons or Earls PRIVILEDGES Incident to the NOBILITY According to the Laws of England CHAP. XIII WHEN a Peer of the Realm and Lord of the Parliament is to be Arraigned upon any Trespass or Felony whereof he is indicted and whereupon he hath pleaded Not Guilty the King by his Letters Patens shall assign some great and sage Lord of the Parliament to be High Steward of England for the day of his Arraignment who before the said day shall make a Precept to his Serjeant at Arms that is appointed to serve him during the time of his Commission to warn to appear before him Eighteen or Twenty Lords of the Parliament or Twelve at the least upon the same day And then at the time appointed when the High Steward shall be set under the Cloth of Estate upon the Arraignment of the Prisoner and having caused the Commission to be read the same Serjeant shall return his Precept and thereupon the Lords shall be called and when they have appeared and are set in their places the Conâ—â—able of the Tower shall be called to bring his Prisoner to the Barr and the High Steward shall declare to the Prisoner the cause why the King hath assembled thither those Lords and himself and perswade him to answer without fear and then he shall call the Clerk of the Crown to read his Indictment unto him and to ask him if he be Guilty or not whereunto when he hath answered Not Guilty the Clerk of the Crown shall ask him How he will be tryed and then he will say By God and his Peers Then the King's Serjeant and Attorney will give Evidence against him whereunto when the Prisoner hath made answer the Constable shall be commanded to receive the Prisoner from the Barr to some other place whilst the Lords do secretly confer together in the Court and then the Lords shall rise out of their places and consult amongst themselves and what they affirm shall be done upon their Honour without any Oath to be ministred upon them And when all or the greatest part of them shall be agreed they shall retire to their places and sit down Then the High Steward shall ask of the youngest Lord by himself if he that is Arraigned be Guilty or not of the Offence whereof he is Arraigned and then the youngest next him and so of the residue one by one until he hath asked them all and every Lord shall answer by himself And then the Steward shall send for the Prisoner again who shall be led to the Barr to whom the High Steward shall rehearse the Verdict of the Peers and give Judgment accordingly The Antiquity and Original of this kind of Tryal by the opinion of several Authors is grounded from the Statute of Magna Charta so called not in respect of the quantity but of the weight of it Coke to the Reader before his eight part fol. 2. cap. 29. beginning thus Millus liber homo c. nec super eum ibimus nec super eum mittemus nisi per legale judicium parium suorum But I take it to be more ancient than the time of Henry the Third as brought into the Realm with the Conqueror being answerable to the Norman and French Laws and agreeable with the Custom Feudale where almost all Controversies arising between the Sovereign and the Vassal are tryed per Iudicium parium suorum And if a Peer of the Realm upon his Arraignment of Treason do stand mute or will not answer directly Judgment shall be given against him as a Traytor Convict and he shall not be prest to death and thereby save the forfeiture of his Lands for Treason is out of the Statute of Westminster 1. chap. 12. 15. Ed. 4. 33. Dyer 205. But if he be Arraigned upon Indictment of Felony he may be mute This priviledge hath some restraint as well in regard of the person as in the manner of proceeding As touching the person first the Archbishops and Bishops of this Realm although they be Lords of the Parliament if they be impeached of such offence they shall not be tryed by the Peers of the Realm but by a Jury of Knights and other substantial Persons upon their Oaths the reason thereof alledged is so much as Archbishops and Bishops cannot pass in the like cases upon Peers for that they are prohibited by the Common and Ecclesiastical Laws to be judged of Life and Blood Reason would that the other Peers should not try them for this Tryal should be mutual forasmuch as it is performed upon their Honours without any Oath taken And so by the way you may see the great respect the Law hath to a Peer of the Realm when he speaketh upon his Honour even in a case concerning the life of a man and that of a Peer and therefore ought they much more to keep their Words and Promises in smaller matters when they engage their Honour for any just cause or consideration Secondly as touching these persons no Temporal Lords but they that are Lords of the Parliament shall have this kind of Tryal and therefore out of this are excluded the eldest Son and Heir apparent of a Duke in the life of his Father though he be called an Earl And it was the case of Henry Howard Earl of Surrey Son and Heir apparent to Thomas Duke of Norfolk in 38 Hen. 8. which is in Brook's Abridgment Treason 2. Likewise the Son and Heir apparent of an Earl though he be called a Lord. And all the younger Sons of Kings are Earls
The Badge of their Order is a Cross of eight points of a tawny or violet colour with a white Bordure sewed on the left side of their Cloaks and the figure of the Virgin Mary of Mount Carmel placed in the midst within a Rundle encircled with Rayes of Gold all wrought in curious imbroidery They also wear about their Necks in a tawny Ribon the like Cross of Gold enamelled Knights of St. Michael THIS Order was erected by Lewis the Eleventh in Anno 1469. whereinto himself with others the most principal Peers of his Kingdom of France did enter And the Reason that did occasion the King to erect this Order was in memory of an Apparition of St. Michael upon the Bridge of Orleance when that City was besieged by the English at which time as Histories relate lived a certain Maiden called Ioan of so rare a Wit and Valour in Arms that she was reputed more than a mortal Creature leading an Army her self in the Field against the English for which good Service when the English had vanquished her Army and took her Prisoner they in Revenge caused her to be burnt for a Witch in the Market place of Orleance in which place is since erected a Conduit to her Memory This Order is ornified with a great Collar whereto hangeth the figure of St. Michael The Sovereign of this Order is the French King and his Successors The number of these Knights at first were Six and thirty which of late years is much encreased which doth much eclipse its lustre The place of their general Assembly was at the Church on Mount St. Michael every Michaelmas day To this Order belongeth a Treasurer Chancellor Register and a Herald named Monsanmichaele Their Habit as now used is as followeth first Doublet Hose Shoes Scabard with the band of his Cap and Feather all white his Surcoat Cloth of Silver with the Sleeves on over that a Mantle also of Cloth of Silver tied over the right Shoulder and turned up over the left and bordered about with a rich embroidery of Cockles and Knots and over all the Collar of St. Michael Knights of St. Esprit or of the Holy Ghost THIS Order was instituted by Henry the Third of France in Anno 1578. in honour of Whitsunday on which day at an Assembly of Estates General of Poland together with those for the Dutchy of Lithuania he was elected King of Poland and afterwards upon the same Day and Feast he was called and accepted of for their King The number of persons contained in this Order is said to be One hundred besides the Sovereign which is always to be the King In which said number are comprehended four Cardinals five Prelats the Chancellor Provost Master of the Ceremonies great Treasurer and Scribe who are called Commanders Their Grand Feast is Annually celebrated the first of Ianuary in the Church of the Augustine Friers in Paris but if the King cannot be there present then it is to be celebrated where he shall personally be and in the greatest Church there being divers Ceremonies to be observed by them in the celebration thereof which are set down by Sir William Segar pag. 88. Their Robe is like that of St. Michael only of black Velvet embroidered all about with Gold and Silver of Flower de lis and knots of Gold between sundry Ciphers of Silver and flames of Gold seamed also garnished with a Mantle of green Cloth of Silver wrought over with the same manner of Embroidery and both lined with Orange-coloured Satan Their Hose and Doublet is white their Bonets black with white Plumes Their great Mantle they wear turned up over the left Shoulder and open on the right And over all the Collar wrought of the same embroidery-Work on which hangeth a Cross with the figure of a Dove in the center thereof Note that these five Orders viz. that of the Garter in England that of the Toizon in Flanders that of St. Michael in France that of the Annunciation in Savoy yet to treat of and this of St. Esprit are reputed most honourable and in token of their excelling all other Degrees of Knighthood are adorned with great Collars Knights of the Order of the Genet THIS Order by Favin is esteemed the first in France which was instituted about the year of our Lord 726. by Charles Martel high Steward of France in memory of that famous Battel fought near Tours where about Three hundred eighty five thousand Sarazens and Moors together with their General Abdiramo were slain and the said Charles to reward those that valiantly behaved themselves in the said Battel erected this Order of Knighthood which consisted of Sixteen to whom he gave Collars of Gold made of a Triple Chain enterwoven with enameled red Roses at the end whereof hung a Genet of Gold enameled black and red upon a bank of Flowers fairly enameled Aubertus Meraeus saith these Knights have other Ensigns belonging unto them as a Ring after the manner of the Romans and certain Habits for the Body The reason why this Order was so called was from a great many neat shaped Horses called Genets of which a great part of the Founders Chivalry was said to consist But others say it took its name from the great store of Genet Furs taken amongst the Spoils of the Victory But this Order is now Extinct Knights of the Crown Royal amongst the Frizons THIS Order was erected by Charles the Great Son of King Pepin in Anno 802. for the rewarding and honouring those amongst the Frizons that had valiantly behaved themselves in his Army against the ancient Saxons or Lombards and to encourage others to acts of Heroick Vertue This Order took its name from its Ensign viz. an Imperial Crown which these Knights used to wear upon their Breasts They were invested with a Military Belt and a Box on the Ear. Knights of our Lady of the Star THIS Order was instituted by King Robert in Anno 1022. in honour to the Virgin Mary but was of no long continuance being discontinued by King Charles the Seventh for that it was grown so common by the admitting into the Order persons of no merit Their Habit was Mantles of white Damask lined with light carnation Damask with Surcoats of the same and on the left side of the Breast of the said Garments was embroidered a Star of Gold and on their Collar which was much like that of the Order of the Genet did hand the figure of a Star The Ceremony of this Order was on the Nativity of the blessed Virgin who was their Patroness and the place where it was kept was at the House of St. Owen near St. Denis in the said Kingdom of France Knights of the Thistle of Bourbon THIS Order was instituted on New-years-day 1370. by Lewis the Second Duke of Bourbon for the corroborating his power and interest for the Aid of Charles Duke of Orleans and of his two Brothers Philip and Iohn against the Faction of the House of
Bishop of Liege who died in the year of our Lord 727. As to their Habit and Ensign I have met with no account thereof Knights of the Order of St. James in Holland THIS Order received its institution in the Year 1290. from Florentius Earl of Holland and Zealand who in his Palace at the Hague in honour of St. Iames created Twelve of his principal Nobles Knights of this Order whom he invested with Collars of Gold or Military Belts of Silver and Gilt adorned with six Escallops to which hung the figure of St. Iames the Apostle DEGREES OF KNIGHTHOOD IN SWEDEN Knights of the Brician Order THIS Order was erected in the Year of our Lord 1366. by the famous Queen Bridget who for her holy Life was styled and enrolled a Saint and out of her zeal for the honour of Jesus Christ the defence of the Christian Religion the securing the Confines of her Kingdom the succouring Widows and Fatherless and the maintenance of Hospitality endowed this Order with a considerable Revenue This Order was approved of by Pope Vrban the Fifth who gave them the Rule of St. Augustine And their Ensign was a blew Cross of eight points and under it a Tongue of Fire Knights of the Seraphins THIS Order was instituted in Anno 1334. by Magnus the Fourth King of Sweden in memorial of the Siege laid to the chief City of Vpsala The Collar assigned to this Order was composed of Patriarchal Crosses of Gold and of Seraphins of Gold enameled red and at the end thereof hung the figure of our Saviour or of the Virgin Mary Knights of Amaranta THIS Order was instituted about the Year 1645. by Christiana Queen of Sweden in honour of a Lady named Amaranta celebrated for her Charity Modesty Beauty and Courage And by their Oath they were to defend and protect the person of the Queen as also the persons of their Fellow Brothers from harm To his power to advance Piety Virtue and Justice and to discountenance Injury and Vice Their Ensign is a Jewel of Gold composed of two great A A one being reversed enriched on both sides with Diamonds and set within a wreath of Laurel Leaves banded about with white whereon is this Motto Dolce nella memoria And this Badge they wear either hanging at a gold Chain or a crimson or blew Ribon which they please Here is another Order of Knighthood in this Kingdom of Sweden called of the Sword and Military Belt whose Collar consisted of Swords and Belts conjoyned but by whom and when Instituted I am ignorant of KNIGHTS OF THE Order of the Elephant IN DENMARK KING Christian the First of Denmark upon a Religious account travelled to Rome and amongst other Honours Pope Sixtus the Fourth in memory of the Passion of our Saviour invested him with this Order and ordained him and his Successors Kings of Denmark Chief and Supream of the said Order which was conferred on the Danish Princes as a memorial to incite them to defend the Christian Religion against the Moors and Aâ—ricans These Knights were obliged to perform Acts of Piety and Charity with certain Ceremonies to be observed especially upon those days on which they wore the Ensign of their Order which was the figure of an Elephant on whose side within a rundle was represented a Crown of Thorns with three bloody Nails Instead of their golden Collar formerly won by them they now wear about them a blew Ribon to which hangs an Elephant enameled white and beautified with five large Diamonds set in the midst On the day of the Coronation of the King 's of Denmark this Order hath been commonly conferred upon the Nobles and most deserving Senators of his Kingdom DEGREES OF KNIGHTHOOD IN POLAND Knights of Christ or of the Sword-bearers in Livonia THIS Order was instituted by Albert Bishop of Livonia about the Year of our Lord 1200. for the propagation of the Christian Religion in those Parts in imitation of the Knights Teutonicks in Prusia to which Order they were united about the Year 1237. and submitted themselves to their Rule and Habit by whose assistance they subdued the Idolatrous Livonians and brought them to embrace the Christian Faith But in the Year 1561. Gothard de Ketler then Great Master in the Castle of Riga surrendred to the use of Sigismond the Second King of Poland Surnamed Augustus all the Lands belonging to this Order together with the Seal of the Order his Cross the Keys of the City and Castle of Riga the Charters and Grants of the several Popes and Emperors which concerned the same the priviledge of Coynage and all other matters concerning the same upon which the said Great Master received back from the said King's Commissioners the Dukedom of Curland to be enjoyed by him and his Heirs for ever upon which this Order became extinguished Knights of the white Eagle THIS Order was erected by Ladislaus the Fifth King of Poland for the further honouring the Marriage of his Son Casimire the Great with Anne Daughter of Gerdimir Duke of Lithuania in Anno 1325. and for their Ensign had a white Eagle crowned KNIGHTS OF THE Order of the Dragon OVERTHROWN IN HUNGARY THIS Order was instituted in the Year 1418. by Sigismund the Emperor Surnamed the Glorious for the Defence of the Christian Religion and the suppressing the Schismaticks and Hereticks which he had been victorious over in many Battels Their Ensign which they daily wore was a green Cross flory on Festival days they wore a scarlet Cloak and on their Mantle of green Silk a double gold Chain or a green Ribon to which hung the figure of a Dragon dead with broken Wings and enameled with variety of colours But although this Order was of high esteem for a time yet it almost expired with the death of the Founders Knights of the Order of the Sword in Cyprus GVY of Lusignan soon after his possession as King of the Isle of Cyprus which he had bought of Richard the First King of England for One hundred thousand Crowns of Gold in Anno 1195. erected this Order in Commemoration of so good and fortunate a Plantation for Fifteen thousand Persons which he had brought thither with him The Collar of this Order was composed of round Cordons of white Silk woven in Love-knots and interlaced with the Letters S. and R. To this Collar hung an Oval of Gold wherein was enameled a Sword the Blade Silver and the Hilt Gold and about the Oval was this Motto Securitas Regni This Honour of Knighthood the said King who was Great Master conferred on his Brother Amaury Constable of Ierusalem and Cyprus and on Three hundred Barons which he had created in this his new Kingdom But when the Turks became Masters of the Isle this Order ceased KNIGHTS OF Saint Anthony IN AETHIOPIA ABout the Year of our Lord 370. Iohn Emperor of AEthiopia vulgarly called Prester Iohn erected into a Religious Order of Knighthood certain Monks who lived an austere and solitary Life in
Palace a Prison Mint Armory Wardrobe and Artillery its Guild-hall where the Lord Mayor and Court of Aldermen meet about the concerns of the City and where their Courts of Judicature are kept its Halls for the several Companies its Colledges and Free-Schools its Hospitals and Alms-houses its Theatres Tennis-Courts and places of Recreation and its great plenty of all sorts of Provision which its Shambles and Markets are stored with it may be deservedly styled the Mistress of the World It s Government This famous City when under the Government of the Britains Romans and Saxons was destroyed by the Danes but AElfred King of the West-Saxons having reduced the whole Land to one Monarchy repaired and re-peopled it and committed the custody thereof to his Son in Law Alhered Earl of Mercia after whose decease it returned to King Edward sirnamed the Elder who had it governed under him by Port-Graves or Port-Reves which in divers Records are styled Vicecomites Viscounties or Sheriffs In the first of King Richard the first the Citizens obtained to be governed by two Bailiffs or Sheriffs and afterwards obtained to have a Mayor for their principal Magistrate the first of which was Henry Fitz-Alwyn a Draper who was constituted and so continued four and twenty years The City within the Walls and Freedom thereof is divided into six and twenty Wards and the government thereof committed to the care of as many grave Citizens of good repute and quality which are Aldermen each of which having the overseeing of his respective Ward And besides these Aldermen there are two Sheriffs which are annually chosen as also a Lord Mayor who according to his degree and seigniority of being Alderman after Sheriff is by the consent of the Citizens that is the Livery-men of each Company yearly elected and these are clothed in Scarlet Gowns and wear Gold Chains and as Coadjutors every Alderman hath his Deputy of the Ward as also Common-Councel-men This City by their Charter hath ample and large Priviledges and Immunities granted unto it which hath been confirmed and enlarged by most of our Kings and Queens as the making of Acts and Ordinances for the regulation and better government of the several Incorporated Companies and the Members thereof so as they are not repugnant to the Law of the Nation and detriment of the King they have also the power of keeping of Courts holding Pleas Assizes and Goal Delivery with the punishment of Offenders by Fine Imprisonment or Death as occasion requireth The Citizens are not constrained to go out of the said City to warr without an emergent occasion to suppress a Foreign Invasion they may pass Toll-free throughout all England they have a Common Seal and Armorial Ensigns of Honour and for Recreation have Free-warren or Liberty to hunt about the said City with many other Immunities too tedious to set down Courts appropriate to the City The Hustings is a Court of great Antiquity and Concern being to preserve the Rights Laws Franchises Customs and Dignities of the said City and is kept by the Lord Mayor and Aldermen every Tuesday The Court of Requests or Conscience the Judges whereof are some of the Common-Councel-men who are monthly chosen by the Lord Mayor and Aldermen and sit twice every week to hear and determine all matters brought before them betwixt Freemen where the just Debt or Dammage doth not exceed forty shillings for the proof of which the Plaintiffs Oath is sufficient for them to award the Defendant to pay the same either by present or weekly payment as the said Judges shall think fit which sentence cannot be avoided for it is to be presum'd that no man especially of some repute which is to be considered of will forswear himself for so small a sum of money The Lord Mayor's Court being an ancient Court of Record held every Tuesday and Thursday by the Mayor and Aldermen and is to redress and correct the errors and defaults which happen in the Government of the City and indeed taketh cognizance of all matters wich concern the City for Receipts and Payments of money the granting Leases purchasing of Lands building and repairing of Houses and the like and appointing their several Officers to look after the same The two Sheriffs Courts â— one for each Compter is on Wednesdays and Fridays for Trials for Woodstreet Compter and on Thursdays and Saturdays for the Poultrey Compter and each Court hath its Judge which is a Lawyer of good repute for the hearing and trial of all Actions brought before them but if the Action brought be above 5 l. it may be by the Defendant removed to a higher Court. And to these Courts belong four Counsellors eight Attorneys besides Secondaries Clerks Keepers of the Compters sixteen Sergeants and their Yeomen with other Sub-Officers The Court of Orphans which medleth with the Estates of deceased Citizens to provide for the Orphans until they come to Age and to see that an equal division of the Estate be made the City being their Guardians The Court of Common-Councel much resembling the High Court of Parliament consisting of the Lord Mayor and Court of Aldermen which may be termed the Higher House and the Common-Councel the Lower House and these make and constitute Laws and Acts as aforesaid which are binding to the Inhabitants The Court of the Chamberlain for the binding and making free Apprentices and for the reforming grievances betwixt the Master and the Apprentice and this is an Office of great Trust and of such Power that no Apprentice if not sworn by him can set up and open Shop and those that disobey his Summons he hath power to Imprison or Fine This Office is at present committed to the care of Sir Thomas Player Kt. a Person every way fit for so great a Trust. The Courts of the Coroner and Escheater which doth belong to the Lord Mayor The Court of Policies and Assurances for Merchants The Court of Halmote which is kept by the Master Wardens and Court of Assistance of every Company generally every month The Court of Wardmote or Wardmote Inquest for the whole City being divided into six and twenty Wards every Ward having such an Inquest consisting of about twelve or sixteen of the Inhabitants thereof who meet at every Christmass time and enquire after the Disorders and Abuses of Tradesmen in their Weights Measures and the like and according to their Misdemeanours they make their Presentments The Sessions of Oyer and Terminer and Goal Delivery of Newgate for the City of London and County of Middlesex holden every month at Iustice-hall in the Old Baily for the trial of Felons the Lord Mayor being cheif Judge and hath power of Reprieving The Court for the conservation of the Water and Rivers of Thames and Medway The Court of the Tower held within the Verge of the City before the Steward by Prescription of Debt Trespass and other Actions There is no Magistrate in Europe that liveth in greater state and hath more power than the
Lord Mayor of this City which is evident by the noble Entertainment given to Strangers and by his great attendance both at home and abroad for besides the abundance of inferiour Officers he hath his Sword-Bearer Common Hunt Common Cryer and four Water Bailiffs which by their places are Esquires then the Coroner three Sergeant-Carvers three Sergeants of the Chamber a Sergeant of the Channel four Yeoman of the Water-side the Under-water-Bailiff two Yeoman of the Chamber with divers others The publick Officers belonging to this City are the two Sheriffs the Recorder the Chamberlain the Common Sergeant the Town Clerk and the Remembrancer who by their places are Esquires The Sheriffs who are persons of repute and ability are annually by the Commons that is the Livery-men of each Company in formality chosen on Midsomer-day and the day after Michaelmass the Lord Mayor and Aldermen go with them to the Exchequer-Chamber at Westminster where they are presented and sworn and the two old Sheriffs also sworn to their Accounts On Simon and Iudes day the old Lord Mayor being attended with the Aldermen and Sheriffs in their formalities go to the Hustings Court where the Lord Mayor elect taketh his Oath and receiveth from the Chamberlain the Scepter the Keys of the Common Seal and the Seal of the Majoralty and from the Sword-Bearer the Sword all which according to custom he delivereth to them again On the day following in the morning the old Lord Mayor with the Aldermen and Sheriffs attend the Mayor elect from his House to Guild-hall from whence in their formalities they go to the Vintrey and take Barge to Westminster being attended by the Livery-men of divers of the Companies in their Barges which are bedecked with Banners Pennons and Streamers of their Arms c. which with their Musick makes a pleasing show Being come to Westminster-hall having saluted the Judges they go up to the Exchequer Barr where the Lord Mayor tâ—keth his Oath and after some usual Ceremonies in the Hall and at the Abby in seeing the Tombs they return to their Barges and are rowed back to London being landed go to the Guild-hall in great pomp where a most stately Dinner is prepared as well for the Lord Mayor Aldermen Sheriffs and the several Companies as for the Nobility Judges and Gentry that are invited to the said Feast which oft-times is graced with the Royal Presence of their Majesties the King and Queen and the Duke of York c. The Ceremony of the day being ended the Lord Mayor is attended to his House where he liveth in great grandure during his Majoralty looking after the Affairs of the City to whose fatherly care the Government thereof is committed These with other Ceremonies in the electing and swearing the Lord Mayor and Sheriffs being largely treated of in Stow's Survey and Howel's Londinensis I forbear to speak further of them here but referr the Reader A List of the Names of the Lord Mayor Aldermen and Sheriffs that for this present year 1678 have the government of this Honourable City with the Names of the six and twenty Wards to which the said Aldermen do belong viz. THe Right Honourable Sir Iames Edwards Kt. Lord Mayor and Alderman of Candlewick Ward Sir Richard Chiverton of the Ward of Bridge without Kt. Sir Thomas Allen of Aldgate Ward Knight and Baronet Sir Iohn Frederick of Coleman-street Ward Kt. Sir Iohn Robinson of Tower-street Ward Knight Baronet and Lieutenant of the Tower of London Sir Iohn Laurence of Queen-hith Ward Kt. Sir Thomas Bludworth of Aldersgate-street Ward Kt. Sir William Turner of Castle-Baynards Ward Kt. Sir George Waterman of Brides Ward within Kt. Sir Robert Hanson of Basingshaw Ward Kt. Sir William Hooker of Cornhill Ward Kt. Sir Robert Vyner of Langborn ward Knight and Baronet Sir Ioseph Sheldon of Bishops-gate ward Kt. Sir Thomas Davies of Farendon ward without Kt. Sir Francis Chaplin of the Vintrey ward Kt. Sir Robert Clayton of Cheap ward Kt. Sir Patience Ward of Farendon ward within Kt. Sir Iohn Moore of Walbrook ward Kt. Sir William Prichard of Bread-street ward Kt. Sir Henry Tulse of Bread-street ward Kt. Sir Iames Smith of Portsoken ward Kt. Sir Nathaniel Herne of Billingsgate ward Kt. Sir Robert Ieffreys of Cordwainer ward Kt. Sir Iohn Shorter of Cripple-gate ward Kt. Sir Thomas Gold of Dowgate ward Kt. and Sir William Rawstorne of Limestreet ward Kt. The Sheriffs for this year are Sir Richard How and Sir Iohn Chapman Knights Having thus in brief treated of the Government of the City with their Immunities Priviledges Courts of Judicature c. in general in the next place we will treat of each particular Incorporated Company as Stems thereof And first with the several Companies of Merchants next with the twelve chief Companies out of which the Lord Mayor is to be Annually chosen and so end with the other Companies as Stars of a less magnitude The East-India Company though not the ancientest yet the most honourable and eminent was first Incorporated in the year of the Reign of Queen Elizabeth and since confirmed with divers other Priviledges added to their Charter by succeeding Kings having now power of making Acts and Ordinances so as not repugnant to the Law of the Land or detriment of the King for the good and well government of the said Trade and Company likewise power to hear and decide Causes and to implead fine and punish Offenders as they please to raise and maintain Souldiers in their Factories and to man out Ships of warr for their further security for warr offensive as well as defensive as occasion requireth also the using of a Seal and the bearing of a Coat of Arms as it is depicted in the Escocheon of Arms of the several Companies of Merchants This Company is managed by a joynt stock which makes them potent eminent and rich and is found several ways to be very advantageous to the Kingdom as in their building of Ships in the imploying and maintaining of thousands not only in their Ships but in their Plantations and Factories as at Surat Cambaya Bambay Curwar Baticale Calicut Fort St. George Pentapoli Musulipatan Ougely Gonro Bantam in the Indies Ormus in Persia â— with some other places of less concern And to their Presidents Factors and other Servants they allow good Salaries and are raised to higher preferments with greater Salaries as their merits deserve And the great Trade that they drive to these places exporting such vast quantities of our Manufactures and Commodities and importing so many sundry and rich Commodities cannot but make them to be very beneficial to the Nation This worthy Company for the better negotiation of their Affairs is governed by a Governour Deputy-Governour and Committâ—e consisting of four and twenty who about the midst of April are Annually elected by the Adventurers of the said Company of which there must be eight new ones always chosen and these meet at their House in Leaden-hall-street London called the East-India
House generally twice a week and keep Courts â—or the negotiation of their Affairs The government of this Company for this present year 1678. is committed to the care of Sir Nathaniel Herne Kt. Governour Major Robert Thomson Deputy-Governour and to the Right Honourable George Lord Berkeley Sir Samuel Barnadiston Sir Iohn Banks Baronets Sir William Thomson Sir Stephen White Sir Iames Edwards Sir Iohn Moore Sir Iohn Lethulier Knights Iosia Child Iohn Iolliff Iohn Bathurst Col. Iohn Clarke Iames Houblon Samuel Moyer Charles Thorold Thomas Papillon Esquires Mr. Christopher Boone Mr. Thomas Canham Mr. Ioseph Herne Mr. Nathaniel Letton Mr. Iohn Page Mr. Edward Rudge Mr. Daniel Sheldon and Mr. Ieremy Sambrook Assistants The Levant or Turky Company of Merchants which by their Discovery made the first Trade into the Seigniory of Venice and then into the Dominions of the Grand Seignior and including the Trade of the East-Indies which as then was undiscovered to us by Sea their goods being brought upon Camels and Ass-negroes to Aleppo and other parts of Turky but since the discovery of the Indies by Sea the Trade of this Company is something eclipsed for those Commodities which are now brought us by the East-India Company The benefit that ariseth to this Nation from this Company besides the imploying so many Ships and Seamen is in the Exporting and Importing of so many rich Commodities and in particular Clothes both died and drest at the least thirty thousand pieces yearly Kersies Lead Tinn Iron Steel Wire Pewter Furrs pieces of Eight Sugar Hides Elephants-teeth Brasill red and white Lead Indico Logwood Couchaniel Callicoes Spices and several Indian Commodities And for these they Import raw Silks of Persia Damascus Tripoli c. also Camblets Grograins Grograin-yarn Mohairs of Angor Woolls Cottons Cotton-yarn of Smyrna and Cyprus Galls of Mosolo and Toccat the Coralls and Oyls of Zant Zeffalonia Morea c. the Drugs of Egypt and Arabia also Turky-Carpets Cordovants Box-wood Rhubarb Worm-seed Sena Cummin-seed with several other rich Commodities This worshipful Company of Merchants was first Incorporated in the Reign of Queen Elizabeth and since confirmed by her Successors and have ample Priviledges and Immunities granted unto them as making of Laws and Orders for the well government of the said Fellowship power of deciding Controversies which arise in the said Company as to their Trade giving Oaths imposing Fines or imprisoning of Offenders according to their discretion the using of a Publick Seal and the bearing of a Coat of Arms as is set forth in the Escocheon of Arms aforesaid And for the better management of the Affairs of this Honourable Company they are governed by a Governour Deputy-Governour and Court of Assistants consisting of 18 who in the Month of February are Annually chosen by a general Consent out of the Members of the said Company and these meet and keep Courts monthly weekly or as oft as their occasions require for the management of the concerns of the said Society as binding and making free electing and sending over Consuls Vice-Consuls Factors and Servants to Constantinople Smyrna Aleppo Cyprus and such places where their Factories are kept The management of the Affairs of this Honourable Company for this present year 1678. is committed to the care and prudent government of the Right Honourable George Lord Berkeley of Berkeley whose worthy parts and great love to Traffick makes him every way so fit for it that the Company for these several years past have by an unanimous consent elected his Lordship their Governour Iohn Buckworth Esq Deputy Mr. Iohn Harvey Treasurer Mr. Thomas Vernon Husband Sir Iohn Lethulier Kt. Charles Thorold Esq Iohn Morden Esq Mr. Thomas Pilkington Mr. Richard Poulter Mr. Henry Griffith Mr. Iohn Morice Mr. Richard Onslow Mr. Thomas Hartopp Mr. Walter Conventrey Mr. William Hedges Mr. Iasper Clotterbook Mr. Abraham Wessell Mr. Richard Nicol Mr. Bernard Saltonstall Mr. George Carew The Russia or Moscovy Company of Merchant Adventurers for discovery of new Trades was first Incorporated in the beginning of the Reign of King Philip and Queen Mary upon the Discoveries of Lands Territories Seigniories and Isles by Seas lying Northwards North-eastwards and North-westwards from England and was afterwards confirmed by Act of Parliament in the eighth year of the Reign of Queen Elizabeth so that now they enjoy several Immunities and Priviledges as to raise Arms for the subduing of Countreys in the limits aforesaid and to enter thereon and set up the English Standards to make Acts and Ordinances for the good of the said Society so as they are not repugnant to the Laws of the Kingdom to punish Offenders by Fine or Imprisonment to use a Common Seal to bear a Coat of Arms c. as is here depicted The Commodities that this Company Exporteth are woollen Clothes both died and dressed of all sorts Kersies Bayes Cottons Perpetuances Fustians Norwich Stuffs Lace Thread Lead Tinn Pewter Allom Copper much defective Wines and Fruits not fit to be spent in this Kingdom with most sorts of English Goods And for these and the like they Import Pot-ashes Tarr Cordage Cable-yarn Tallow Wax Isinglass several sorts of Hides in the Hair Goat-skins undrest Cordovants tan'd Hides Hogs-brissles raw Silk Linseed Slod Bever wooll and wombs several sorts of rich Furrs Seal-skins Rhuberb Castorum Agarick Train-oyl Flax Hemp Linen Caviare Salmon Stockfish Codfish c. This worshipful Company of Merchants is governed by a Governour four Consuls and Assistants consisting of four and twenty who on the first of March are Annually chosen out of the Members of the said Society and for this present Year 1677. the management thereof is committed to the care of Iohn Iolliff Esq Governour Sir Benjamin Ayloff Baronet Samuel Moyer Esq Charles Thorold Esq Mr. Charles Carill Consuls to Mr. Edward Bell Treasurer and to Iohn Gould Esq Mr. Daniel Edwards Mr. Benjamin Glanvile Mr. Iames Young Mr. Benjamin Colds Mr. George Grove Mr. Francis Pargiter Mr. George Carew Mr. Heritage Lenten Captain Gervase Lock Mr. Edward Grace Mr. Thomas Thursby Mr. Thomas Hancox Mr. Iohn Ashby Mr. Richard Adams Mr. Edward Davenport Mr. Thomas Hawes â— Mr. George Cooks Mr. Gilbert Ward Mr. Ioseph Wolfe Mr. Iohn Porter Mr. Iohn Osborne and Mr. Iohn Penning Assistants The Eastland Company first Incorporated in the Reign of Queen Elizabeth and confirmed by King Charles the Second and by their Charter have ample Immunities and Priviledges granted to them and as large a scope to traffick in including the Trade of the Kingdoms Dominions Dukedoms Countreys Cities and Towns of Norway Swedeland and Poland with the Territories of the said Kingdoms as also in Lettow Liffland and Pomerland from the River Odera Eastwards and likewise in the Isles of Findland Eoland and Berâ—tholine within the Sound The Commodities by this Company Exported are Woollen Clothes Perpetuances Kersies Serges Norwich Stuffs Cottons Lead Tinn Pewter Stockins Hats Gloves together with several Southern and Eastern Commodities as Sattins Silks Spices